THESE NOTICES OF THE IMPOSITION OF DISCIPLINARY SANCTIONS AND ACTIONS are published pursuant to Rule 3.5(c) of the Washington Supreme Court Rules for Enforcement of Lawyer Conduct. Active links to directory listings, RPC definitions, and documents related to the disciplinary matter can be found at the links below or by looking up the respondent in the Discipline Notice Directory at https://mywsba.org/PersonifyEbusiness/DisciplineNoticeDirectory.
As some WSBA members share the same or similar names, please read all disciplinary notices carefully for names, cities, and bar numbers.
Find prior Discipline & Other Regulatory Notices here.
Disbarred
Samantha Marie Benton (WSBA No. 56376 admitted 2020) of Hood River, OR, was disbarred, effective 8/22/2024, by order of the Washington Supreme Court imposing reciprocal discipline in accordance with an order of the Supreme Court of the State of Oregon. For more information, see https://www.osbar.org/members/membersearch_display.asp?b=144843&s=1. Benjamin J. Attanasio acted as disciplinary counsel. Samantha Marie Benton represented themselves.
Decision document: The Washington Supreme Court Order.
Suspended
Leah Rachel Altaras (WSBA No. 39266, admitted 2007) of Seattle, WA, was suspended for 45 days, effective 8/22/2024, by order of the Washington Supreme Court. Henry Cruz and Clare Carden acted as disciplinary counsel. Kevin M. Bank represented respondent. Kenneth B. Gorton was the hearing officer. Jehiel Baer was the settlement hearing officer.
The lawyer’s conduct violated the following Rules of Professional Conduct: 1.3 (Diligence), 1.4 (Communication), 1.15A (Safeguarding Property), 1.15B (Required Trust Account Records).
Altaras stipulated to suspension for: 1) withdrawing earned fees prior to giving reasonable notice to a client of respondent’s intent to do so through a billing statement or other document; 2) making cash withdrawals from a trust account; 3) disbursing more funds than clients had on deposit in the trust account by using one client’s funds on behalf of another; 4) failing to maintain a complete and current check register and complete and current client ledgers for a trust account; 5) failing to perform bank statement and client ledger reconciliations for a trust account; 6) failing to hold client funds in a trust account and failing to promptly deposit and hold a client’s funds in a trust account; 7) failing to investigate and respond to attorney fees request while representing a client, and failing to appear at the attorney fees hearing; 7) failing to ensure a client received a copy of the attorney fees request, failing to discuss the attorney fees request or judgment with the client, and failing to inform the client about the judgment.
Decision documents: Disciplinary Board Order Approving Stipulation; Stipulation to Suspension; and Washington Supreme Court Order.
Kevin Thomas Helenius (WSBA No. 11064, admitted 1980) of Kirkland, WA, was suspended for 90 days, effective 8/22/2024, by order of the Washington Supreme Court. Francisco Rodriguez acted as disciplinary counsel. Kevin Thomas Helenius represented themselves.
The lawyer’s conduct violated the following Rules of Professional Conduct: 1.4 (Communication), 1.5 (Fees), 1.15A (Safeguarding Property), 1.15B (Required Trust Account Records), 5.3 (Responsibilities Regarding Nonlawyer Assistants).
Helenius stipulated to suspension for: 1) failing to make reasonable efforts to supervise a paralegal; 2) failing to keep a client reasonably informed about the status of the client’s matter and failing to respond to the client’s reasonable requests for information; 3) failing to provide a client with the agreed upon legal services and failing to refund unearned fees after the representation ended; 4) failing to deposit cash payments for fees that had not yet been earned and cash payments for costs that had not yet been incurred into a trust account; 5) failing to maintain a check register containing information required by the RPC and failing to perform the required reconciliations; 6) failing to maintain client ledgers; 7) failing to retain copies of fee agreements.
Decision documents: Disciplinary Board Order Approving Stipulation; Stipulation to Suspension; and Washington Supreme Court Order.
Reprimanded
Matthew Thomas Macklin (WSBA No. 57867, admitted 2021) of Seattle, WA, was reprimanded, effective 7/03/2024, by order of the chief hearing officer. Nate Blanchard acted as disciplinary counsel. Kenneth Scott Kagan represented respondent.
The lawyer’s conduct violated the following Rules of Professional Conduct: 1.9 (Duties to Former Clients).
Macklin stipulated to reprimand for revealing information relating to the representation of a former client.
Decision documents: Order on Stipulation to Reprimand; Stipulation to Reprimand; and Notice of Reprimand.
Gerald T. Osborn (WSBA No. 13712, admitted 1983) of Anacortes, WA, was reprimanded, effective 6/20/2024, by order of the hearing officer. Amanda Lee acted as disciplinary counsel. Gerald T. Osborn represented themselves.
The lawyer’s conduct violated the following Rules of Professional Conduct: 1.3 (Diligence), 1.5 (Fees), 1.15A (Safeguarding Property), 1.15B (Required Trust Account Records).
Osborn stipulated to reprimand for: 1) charging and/or attempting to charge a client more than provided for by the fee agreement; 2) failing to promptly pay or deliver to the client funds the client was entitled to receive; 3) failing to take reasonable action to resolve the dispute with the client over the disputed portion of the settlement funds; 4) failing to maintain client ledgers and a current check register; 5) failing to reconcile respondent’s trust account check register to the bank statements and/or by failing to reconcile the check register balance to the combined total of all client ledgers; 6) failing to provide a written accounting to the client after the distribution of property and/or at least annually.
Decision documents: Order on Stipulation to Reprimand; Stipulation to Reprimand; and Notice of Reprimand.